Subcontracting Issues

FAR Council Publishes Final Rule on Good Faith in Small Business Subcontracting

Tue, August 17th 2021
Last week, the Federal Acquisition Regulation (“FAR”) Council published a final rule amending the FAR to implement a portion of the National Defense Authorization Act for Fiscal Year 2017 (“2017 NDAA”), which requires examples of failure to make good faith efforts to comply with a small business subcontracting plan. The final rule also provides that...

When Your Contingency Plan Is No Longer a Contingency

Fri, April 24th 2020
Department of Defense solicitations require a Mission-Essential Contractor Services Plan when the DoD procures “Essential contractor Service and Mission-essential Functions.” DFARS 252.237-7023. The Plan must address the contractor’s ability to provide mission-essential functions during periods of crisis including, for example, how the contractor will supply the personnel and resources required to maintain continuity of essential...

The SBA Proposes Significant Changes to Joint Venture Rules

Tue, January 14th 2020
The SBA has proposed significant changes to the rules governing joint ventures as part of its overhaul of the SBA’s small business program regulations. The 3-2 Rule: Currently, a joint venture may receive a maximum of three contract awards in a two-year period. The proposed rule eliminates the cap on contract awards, but continues the...

Termination for Convenience

Thu, September 12th 2019
Most government contracts include a clause giving the government the right to terminate the contract, or any part thereof, for its sole convenience “when it is in the best interests of the government.” FAR Parts 49, 12, 13, and 31 establish the regulatory requirements for termination and settlement of government contracts. The mechanics are specific....

Subcontractor “Flow-Downs” and Compliance

Wed, July 31st 2019
Prime contractors are responsible for incorporating the appropriate provisions of their prime contracts into the agreements with their subcontractor. Determining which clauses are applicable to subcontractors and how best to monitor subcontractor compliance needs to be a priority. The first step is identifying contract clauses that are required to be incorporated into the contractor’s subcontracts....

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About the Authors

Joshua Duvall
Shareholder, CISSP
Washington D.C.
Brad English
Shareholder
Huntsville | Washington D.C.
Emily Chancey
Shareholder
Huntsville | Washington D.C.
Raymond L. Bell, Jr.
Shareholder
Mobile | Montgomery
Chris Gonzalez-Tablada
Associate
Huntsville
Mary Ann Hanke
Associate
Huntsville | Atlanta
Nicholas P. Greer
Associate
Huntsville | Atlanta
J. Andrew Watson III
Shareholder
Huntsville | Washington D.C.
David Yang
Shareholder
Washington D.C.

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